a. PUBLIC HEARING AND FINAL ORDER 96-8-21-10/In the Matter of the Vacation of a
Pathway Easement in Bain Subdivision as Platted and Recorded in Book 16, Page 29, Lane
County, Oregon Plat Records (17-04-13).

Tom Dreschler, Surveyors Office, distributed a handout provided by the
petitioners and used overhead projection to display a map of the area. He briefly reviewed
the agenda memorandum (see material on file).

Green opened the Public Hearing.

Archie Brown, 184 East Hatton Avenue, commented on his positive treatment by the
Public Works department. He offered his support of the vacation.

Wayne Southworth, 120 East Hatton Avenue, stated that he was opposed to the site
being closed as he would like to see another trail in its place. He indicated that the
existing trail has obviously been maintained by someone.

Responding to Green, Dreschler reported his assessment of Mr. Southworths initial
contact as being he was supportive of the vacation, but hoped the other path would be
explored. Dreschler stated that there is another path that could use some improvement.

Green closed the public hearing.

Rust indicated that he has an interest in seeing something happen, suggesting that this
be held over for several months while offering an invitation to the City of Eugene and
local residents to agree on another path option. Weeldreyer stated that since both staffs
are in agreement over the vacation and there is a potential hardship to the petitioner,
she would like to move forward today. Rust noted that vacation is an irrevocable act and
he hesitates to take that action until the issue is totally resolved. He observed that the
hardship is not acute and by not vacating at this time, it provides leverage/incentive in
the attempt to get the City to work on an alternative access. Dumdi asked Mr. Brown if the
delay of a few months would be a hardship. Mr. Brown indicated that he would like to get
his new fence installed to take the place of one that has come down. He indicated that
people are using the present alternative route now. Southworth stated that the present
alternative route has many ruts in it and is not suitable for bike access. He volunteered
his help in improving the alternative route.

Yolanda Paul, 195 East Hatton, spoke about the hazards of the existing path and
the dumping that takes place there.

Rust noted that the burden is on those who wish to have public access withdrawn. Dumdi
noted that there are alternative routes. She suggested approving the vacation, while also
encouraging the City of Eugene to work out the alternative route. Green suggested that 30
days would be a reasonable period.

MOTION: To postpone this item to September 18, with staff to consult with the
City of Eugene and seek written confirmation of their plans for alternative access. Rust
MOVED, Dumdi SECONDED. VOTE: 5-0.

13. OTHER BUSINESS

There was confirmation that further deliberation on Ordinance PA 951
(Overholser/Mathews) was postponed until September 18.